Case: Arizona v. Garland

6:22-cv-01130 | U.S. District Court for the Western District of Louisiana

Filed Date: April 28, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 28, 2022, the State of Arizona and thirteen other states, filed suit in the U.S. District Court for the Western District of Louisiana against the U.S. Department of Justice (“DOJ”), U.S. Department of Homeland Security (“DHS”), U.S. Customs and Border Protection (“CBP”), Immigration and Customs Enforcement (“ICE”), U.S. Citizenship and Immigration Services (“USCIS”), and the United States generally. Requesting declaratory and injunctive relief, the plaintiff-states took issue with an i…

On April 28, 2022, the State of Arizona and thirteen other states, filed suit in the U.S. District Court for the Western District of Louisiana against the U.S. Department of Justice (“DOJ”), U.S. Department of Homeland Security (“DHS”), U.S. Customs and Border Protection (“CBP”), Immigration and Customs Enforcement (“ICE”), U.S. Citizenship and Immigration Services (“USCIS”), and the United States generally. Requesting declaratory and injunctive relief, the plaintiff-states took issue with an interim final rule on asylum (“Asylum IFR”). Plaintiffs alleged that the rule made it “substantially easier for unauthorized economic migrants to enter the United States and obtain asylum through false claims” by empowering asylum officers to conduct final adjudication of asylum claims arising from the border. This authority, according to the plaintiffs, rested only with the DOJ’s Executive Office of Immigration Review (“EOIR”) per the Immigration and Nationality Act (“INA”). As such, the plaintiffs alleged that the rule violated the Administrative Procedure Act for (a) exceeding the defendants’ statutory authority over powers of asylum adjudication and parole, (b) being arbitrary and capricious, and (c) lacking sufficient notice and comment. The plaintiff-states further alleged that the rule violated the INA as well as the President’s constitutional duty to “take Care that the Laws be faithfully executed” under the Take Care Clause of the Constitution. An amended complaint was subsequently filed on May 6, whereby additional states joined the original plaintiffs.  The case was assigned to Judge David C. Joseph. 

On April 29, the defendants filed a motion to transfer the case to the U.S. District Court for the District of Columbia, arguing it was the only federal court with subject matter jurisdiction over the case. The defendants also filed a motion to stay the case until the motion to transfer was resolved. On May 16, the plaintiffs also filed a motion for preliminary injunction to prohibit the rule from going into effect, or alternatively, that the effective date of the Asylum IFR be delayed until final resolution of this action

Following briefings on the matter, Judge Joseph denied the motion to transfer and the motion to stay on May 18. Judge Joseph further ordered that the parties engage in a 30-day period of limited discovery, at the end of which the plaintiff-states needed to show that they were “likely” to obtain Article III standing for the Court to proceed with a Preliminary Injunction hearing. The discovery deadline was then extended on June 27 for an additional 60 days. 

A status conference was held on July 21, wherein the court indicated that an order would be issued staying the case pending the filing of a second amended complaint. The following day, Judge Joseph then issued said order, which indicated that the plaintiff-states withdrew their motion for preliminary injunction and that all discovery requests were withdrawn. The case was stayed for 30 days to allow plaintiffs to file an amended complaint. Over the course of the next few months, the court granted multiple extensions to file the second amended complaint. 

On October 14, the plaintiffs filed a motion for limited jurisdictional discovery, requesting that the defendants provide certain asylum statistics. However, the court deferred ruling on the matter until the plaintiffs filed their amended complaint. 

The second amended complaint was ultimately filed on November 10, 2022. The complaint was largely similar to its previous versions, seeking declaratory relief on the same claims; however, instead of permanent injunctive relief, the second amended complaint requested only that the Asylum IFR’s effective date be postponed. 

On February 16, 2023, the state of Arizona voluntarily dismissed the claims as to itself. The case proceeded with the remaining nineteen plaintiff-states. 

The district court then ordered the parties to confer regarding the scope, procedure, and time frame for a period of jurisdictional discovery, with monthly status conferences following suit. Throughout the course of discovery, though, many issues arose. For example, numerous non-parties motioned to quash subpoenas against themselves, and the plaintiffs filed a motion to compel the defendants to produce documents and information in response to their requests. On May 24, 2023, Judge Joseph denied the motions to quash as moot and granted in part the plaintiffs’ motion to compel. Discovery continued through the next few months. 

Ultimately, on December 22, 2023, the defendants filed a motion to dismiss the complaint because the plaintiffs lacked Article III standing and the district court lacked jurisdiction. Following replies and responses to the motion, the court granted the motion to dismiss in part on April 16, 2024. The court noted that the states did not sufficiently establish an economic injury in fact, nor could they substantiate said injury with evidence of increased expenditures as a result of the Asylum IFR. As such, the plaintiffs’ claims challenging the Asylum IFR under the APA were dismissed. 730 F.Supp.3d 258. 

On June 7, 2024, the plaintiff-states appealed the district court’s judgment to the Fifth Circuit Court of Appeals (docket: 24-30359). At the appellate level, the parties’ final briefs were ordered to be filed with the court by February 26, 2025. 

The case remains ongoing. 

 

Summary Authors

Kavitha Babu (2/10/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63271112/parties/arizona-v-garland/


Attorney for Plaintiff

Aguinaga, Jorge Benjamin

Brungard, Morgan Elizabeth (Louisiana)

Campbell, James Andrew (Louisiana)

Capozzi, Louis J (Louisiana)

Attorney for Defendant

Attorney, Brian Christopher

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case
2

6:22-cv-01130

Complaint

The State of Arizona v. Garland

April 28, 2022

April 28, 2022

Complaint
14

6:22-cv-01130

First Amended Complaint

The State of Arizona v. Garland

May 6, 2022

May 6, 2022

Complaint
24

6:22-cv-01130

Order on Motion to Transfer and Motion to Stay

May 18, 2022

May 18, 2022

Order/Opinion
79

6:22-cv-01130

Order

The State of Arizona v. Garland

July 21, 2022

July 21, 2022

Order/Opinion
86

6:22-cv-01130

Second Amended Complaint

The State of Arizona v. Garland

Nov. 10, 2022

Nov. 10, 2022

Complaint
214

6:22-cv-01130

Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim

The State of Arizona v. Garland

Dec. 22, 2023

Dec. 22, 2023

Pleading / Motion / Brief
214-1

6:22-cv-01130

Memorandum in Support of Defendants' Motion to Dismiss

The State of Arizona v. Garland

Dec. 22, 2023

Dec. 22, 2023

Pleading / Motion / Brief
235

6:22-cv-01130

Memorandum Ruling

State of Arizona v. Garland

April 16, 2024

April 16, 2024

Order/Opinion

730 F.Supp.3d 258

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63271112/arizona-v-garland/

Last updated April 5, 2026, 4:29 a.m.

ECF Number Date Description Link
1 April 28, 2022

FILED IN ERROR. COMPLAINT against Merrick Garland, U S Dept of Justice, David Neal, Executive Off of Immigration, Alejandro Mayorkas, U S Dept of Homeland Security, Troy Miller, U S Customs & Border Protection, Tae Johnson, U S Immigration & Customs Enforcement, Ur M Jaddou, U S Citizenship & Immigration Services, Raul Ortiz, U S Border Patrol, USA (Filing fee $402, receipt number ALAWDC-5085381) filed by State of Montana, State of Idaho, State of Louisiana, State of Arizona, State of Oklahoma, State of Georgia, State of Missouri, Commonwealth of Kentucky, State of Nebraska, State of South Carolina, State of Kansas, State of Arkansas, State of Mississippi, State of Florida. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil cover sheet)(Attorney Elizabeth Baker Murrill added to party State of Arizona(pty:pla), State of Arkansas(pty:pla), State of Florida(pty:pla), State of Georgia(pty:pla), State of Idaho(pty:pla), State of Kansas(pty:pla), Commonwealth of Kentucky(pty:pla), State of Louisiana(pty:pla), State of Mississippi(pty:pla), State of Missouri(pty:pla), State of Montana(pty:pla), State of Nebraska(pty:pla), State of Oklahoma(pty:pla), State of South Carolina(pty:pla))(aty,Murrill, Elizabeth) Modified on 4/28/2022 to modify docket text. (Crick, S). Modified on 4/29/2022 to indicate filed in error and 2 Correct Complaint submitted. (Crick, S). (Entered: 04/28/2022)

1 Exhibit A

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2 Exhibit B

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3 Civil cover sheet

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2 April 28, 2022

COMPLAINT against U S Citizenship & Immigration Services, U S Customs & Border Protection, U S Dept of Justice, Merrick Garland, U S Dept of Homeland Security, Executive Off of Immigration, U S Immigration & Customs Enforcement, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, David Neal, Raul Ortiz, U S Border Patrol, USA, Christopher Magnus (In Forma Pauperis status requested and/or granted) filed by State of Montana, State of Idaho, State of Louisiana, State of Arizona, State of Oklahoma, State of Georgia, State of Missouri, Commonwealth of Kentucky, State of Nebraska, State of South Carolina, State of Kansas, State of Arkansas, State of Mississippi, State of Florida. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil cover sheet)(aty,Murrill, Elizabeth) (Entered: 04/28/2022)

1 Exhibit A

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2 Exhibit B

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3 Civil cover sheet

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Clearinghouse
April 28, 2022

CASE Assigned to Judge David C Joseph and Magistrate Judge Carol B Whitehurst. (crt,Crick, S)

3 April 29, 2022

SUMMONS ISSUED as to U S Attorney, U S Attorney General, Merrick Garland, U S Dept of Justice, David Neal, Executive Off of Immigration Review, Alejandro Mayorkas, U S Dept of Homeland Security, Chris Magnus, U S Customs & Border Protection, Tae Johnson, U S Immigration & Customs Enforcement, Ur M Jaddou, U S Citizenship & Immigration Services, Raul Ortiz, U S Border Patrol, USA. (crt,Crick, S) Modified on 4/29/2022 to modify docket text. (Crick, S). (Entered: 04/29/2022)

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4 April 29, 2022

NOTICE of Appearance by Brian Ward on behalf of U S Border Patrol, U S Citizenship & Immigration Services, U S Customs & Border Protection, U S Dept of Justice, Merrick Garland, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, Executive Off of Immigration Review, Ur M Jaddou, Tae Johnson, Chris Magnus, Alejandro Mayorkas, David Neal, Raul Ortiz, USA (Attorney Brian Ward added to party U S Border Patrol(pty:dft), Attorney Brian Ward added to party U S Citizenship & Immigration Services(pty:dft), Attorney Brian Ward added to party U S Customs & Border Protection(pty:dft), Attorney Brian Ward added to party U S Dept of Justice(pty:dft), Attorney Brian Ward added to party Merrick Garland(pty:dft), Attorney Brian Ward added to party U S Dept of Homeland Security(pty:dft), Attorney Brian Ward added to party U S Immigration & Customs Enforcement(pty:dft), Attorney Brian Ward added to party Executive Off of Immigration Review(pty:dft), Attorney Brian Ward added to party Ur M Jaddou(pty:dft), Attorney Brian Ward added to party Tae Johnson(pty:dft), Attorney Brian Ward added to party Chris Magnus(pty:dft), Attorney Brian Ward added to party Alejandro Mayorkas(pty:dft), Attorney Brian Ward added to party David Neal(pty:dft), Attorney Brian Ward added to party Raul Ortiz(pty:dft), Attorney Brian Ward added to party USA(pty:dft)) (aty,Ward, Brian) (Entered: 04/29/2022)

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5 April 29, 2022

MOTION to Transfer Case, MOTION to Stay (Motion Ripe Deadline set for 4/29/2022.) by U S Border Patrol, U S Citizenship & Immigration Services, U S Customs & Border Protection, U S Dept of Justice, Merrick Garland, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, Executive Off of Immigration Review, Ur M Jaddou, Tae Johnson, Chris Magnus, Alejandro Mayorkas, David Neal, Raul Ortiz, USA. Motions referred to Carol B Whitehurst. (Attachments: # 1 Memorandum / Brief)(aty,Ward, Brian) (Entered: 04/29/2022)

1 Memorandum / Brief

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April 29, 2022

Motions Transferred regarding 5 MOTION to Transfer Case MOTION to Stay . Motions referred to Judge David C Joseph. (crt,Thomas, T)

April 29, 2022

Case Assigned/Reassigned

6 May 1, 2022

ELECTRONIC MINUTE ENTRY SETTING 5 MOTION to Transfer Case MOTION to Stay : Plaintiffs are directed to file responsive briefing on or before 5/6/2022 at 05:00 PM. Signed by Judge David C Joseph on 5/1/2022. (jud,Joseph, David) (Entered: 05/01/2022)

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7 May 1, 2022

NOTICE of Appearance by Erez R Reuveni on behalf of U S Border Patrol, U S Citizenship & Immigration Services, U S Customs & Border Protection, U S Dept of Justice, Merrick Garland, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, Executive Off of Immigration Review, Ur M Jaddou, Tae Johnson, Chris Magnus, Alejandro Mayorkas, David Neal, Raul Ortiz, USA (Attorney Erez R Reuveni added to party U S Border Patrol(pty:dft), Attorney Erez R Reuveni added to party U S Citizenship & Immigration Services(pty:dft), Attorney Erez R Reuveni added to party U S Customs & Border Protection(pty:dft), Attorney Erez R Reuveni added to party U S Dept of Justice(pty:dft), Attorney Erez R Reuveni added to party Merrick Garland(pty:dft), Attorney Erez R Reuveni added to party U S Dept of Homeland Security(pty:dft), Attorney Erez R Reuveni added to party U S Immigration & Customs Enforcement(pty:dft), Attorney Erez R Reuveni added to party Executive Off of Immigration Review(pty:dft), Attorney Erez R Reuveni added to party Ur M Jaddou(pty:dft), Attorney Erez R Reuveni added to party Tae Johnson(pty:dft), Attorney Erez R Reuveni added to party Chris Magnus(pty:dft), Attorney Erez R Reuveni added to party Alejandro Mayorkas(pty:dft), Attorney Erez R Reuveni added to party David Neal(pty:dft), Attorney Erez R Reuveni added to party Raul Ortiz(pty:dft), Attorney Erez R Reuveni added to party USA(pty:dft)) (aty,Reuveni, Erez) (Entered: 05/01/2022)

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May 1, 2022

Minute Entry/Order Setting Motion

8 May 2, 2022

ELECTRONIC MINUTE ENTRY re 5 MOTION to Transfer Case MOTION to Stay filed by Raul Ortiz, U S Dept of Justice, Alejandro Mayorkas, U S Dept of Homeland Security, Executive Off of Immigration Review, U S Customs & Border Protection, Chris Magnus, U S Citizenship & Immigration Services, U S Border Patrol, USA, Ur M Jaddou, Merrick Garland, U S Immigration & Customs Enforcement, Tae Johnson, David Neal: MOTION DAY set for 5/9/2022 2:00 PM in Lafayette, Courtroom 2 before Judge David C Joseph.). Issued by Judge David C Joseph on 5/2/2022. (crt,Taylor, L) (Entered: 05/02/2022)

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9 May 2, 2022

ELECTRONIC MINUTE ENTRY re 5 MOTION to Transfer Case, MOTION to Stay : Plaintiff are directed to file responsive briefing on or before May 6, 2022 at 5:00 p.m. Defendants may file reply briefing on or before May 9, 2022 at noon. Issued by Judge David C Joseph on 5/2/2022. (crt,Taylor, L) (Entered: 05/02/2022)

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May 2, 2022

Motions Transferred

May 2, 2022

~Util - Set Motion and R&R Deadlines/Hearings AND Minute Entry

10 May 3, 2022

MOTION for Drew Ensign to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5090065) by State of Arizona. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 5/3/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 05/03/2022)

1 Certificate of good standing

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2 Proposed order

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11 May 5, 2022

ORDER granting 10 Motion to Appear Pro Hac Vice for appearance of Drew C Ensign for State of Arizona. Signed by Magistrate Judge Carol B Whitehurst on 5/5/2022. (crt,Crick, S) (Entered: 05/05/2022)

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12 May 5, 2022

Unopposed MOTION to Continue May 9, 2022 Hearing with consent by State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 5/5/2022. (Attachments: # 1 Proposed order)(aty,St John, Joseph) (Entered: 05/05/2022)

1 Proposed order

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May 5, 2022

Motions Transferred regarding 12 Unopposed MOTION to Continue May 9, 2022 Hearing with consent. Motions referred to Judge David C Joseph. (crt,Crick, S)

13 May 6, 2022

ELECTRONIC Minute Entry: GRANTING 12 Unopposed Motion to Continue May 9, 2022 Hearing with consent filed by Commonwealth of Kentucky, State of Louisiana, State of Montana, State of Missouri, State of Arizona, State of Florida, State of Mississippi, State of Arkansas, State of Idaho, State of Georgia, State of Nebraska, State of Kansas, State of Oklahoma, State of South Carolina. 5 Motion to Transfer Case and Motion to Stay are RESET for 5/18/2022 at 9:00 AM in Courtroom 2, Lafayette, LA before Judge David C Joseph. Signed by Judge David C Joseph on 5/6/2022. (crt,LaCombe, L) (Entered: 05/06/2022)

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14 May 6, 2022

AMENDED COMPLAINT against All Defendants filed by State of Idaho, State of Louisiana, State of Arizona, State of South Carolina, State of Mississippi, State of Montana, State of Oklahoma, State of Georgia, State of Missouri, Commonwealth of Kentucky, State of Nebraska, State of Kansas, State of Arkansas, State of Florida, State of Utah, State of West Virginia, State of Alabama, State of Alaska, State of Indiana, State of Wyoming.(Attorney Elizabeth Baker Murrill added to party State of Alabama(pty:pla), State of Alaska(pty:pla), State of Indiana(pty:pla), State of Utah(pty:pla), State of West Virginia(pty:pla), State of Wyoming(pty:pla))(aty,Murrill, Elizabeth) Modified on 5/9/2022 to modify docket text. (Crick, S). (Entered: 05/06/2022)

Clearinghouse
15 May 6, 2022

MEMORANDUM in Opposition re 5 MOTION to Transfer Case MOTION to Stay filed by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia, State of Wyoming. (aty,Murrill, Elizabeth) (Entered: 05/06/2022)

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May 6, 2022

Motions Transferred

May 6, 2022

~Util - Set Motion and R&R Deadlines/Hearings AND Minute Entry

16 May 9, 2022

REPLY to Response to Motion re 5 MOTION to Transfer Case MOTION to Stay filed by U S Citizenship & Immigration Services, U S Customs & Border Protection, U S Dept of Justice, Merrick Garland, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, Executive Off of Immigration Review, Ur M Jaddou, Tae Johnson, Chris Magnus, Alejandro Mayorkas, David Neal, Raul Ortiz, USA, U S Border Patrol. (aty,Ward, Brian) Modified on 5/9/2022 to add filer. (Crick, S). (Entered: 05/09/2022)

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17 May 11, 2022

MOTION for Thomas Hydrick to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5101392) by State of South Carolina. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 5/11/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 05/11/2022)

1 Certificate of good standing

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2 Proposed order

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18 May 12, 2022

ORDER granting 17 Motion to Appear Pro Hac Vice for appearance of Thomas Tyler Hydrick for State of South Carolina. Signed by Magistrate Judge Carol B Whitehurst on 5/12/2022. (crt,Crick, S) (Entered: 05/12/2022)

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19 May 13, 2022

MOTION for Leave to File Excess Pages by State of Arizona. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 5/13/2022. (Attachments: # 1 Proposed order, # 2 Memorandum / Brief, # 3 Proposed order, # 4 Proposed Exhibit A - Rogers Declaration, # 5 Proposed Exhibit B - Napolitano Declaration, # 6 Proposed Exhibit C - Romero Declaration, # 7 Proposed Exhibit D - Green Declaration, # 8 Proposed Exhibit E - Phillips Declaration, # 9 Proposed Exhibit F -Stiles Declaration)(aty,Ensign, Drew) Modified on 5/16/2022 to modify docket text and to indicate clerk waiting for additional proposed pleading from counsel. (Crick, S). Modified on 5/17/2022 to indicate 21 Corrected Proposed pleadings submitted.(Crick, S). (Entered: 05/13/2022)

1 Proposed order Proposed Order re: Pages

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2 Memorandum / Brief Memorandum in Support of PI Motion

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3 Proposed order Proposed Order re: PI Motion

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4 Proposed Exhibit A - Rogers Declaration

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5 Proposed Exhibit B - Napolitano Declaration

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6 Proposed Exhibit C - Romero Declaration

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7 Proposed Exhibit D - Green Declaration

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8 Proposed Exhibit E - Phillips Declaration

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9 Proposed Exhibit F -Stiles Declaration

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20 May 16, 2022

ELECTRONIC ORDER granting 19 Motion for Leave to File Excess Pages by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia, State of Wyoming. Signed by Judge David C Joseph on 5/16/2022. (crt,LaCombe, L) (Entered: 05/16/2022)

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22 May 16, 2022

WITHDRAWN. MOTION for Preliminary Injunction, MOTION to Expedite (Motion Ripe Deadline set for 5/16/2022.) by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia, State of Wyoming. Motions referred to Magistrate Judge Carol B Whitehurst. (Attachments: # 1 Memorandum / Brief, # 2 Ehxibit A - Rogers Declaration, # 3 Exhibit B - Napolitano Declaration, # 4 Exhibit C - Romero Declaration, # 5 Exhibit D - Green Declaration, # 6 Exhibit E - Phillips Declaration, # 7 Exhibit F - Stiles Declaration)(crt,Crick, S) (Additional attachment(s) added on 5/17/2022: # 8 Proposed order) (Crick, S). Modified on 7/21/2022 to indicate withdrawn. See 79 Order. (Crick, S). (Entered: 05/17/2022)

1 Memorandum / Brief

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2 Ehxibit A - Rogers Declaration

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3 Exhibit B - Napolitano Declaration

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4 Exhibit C - Romero Declaration

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5 Exhibit D - Green Declaration

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6 Exhibit E - Phillips Declaration

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7 Exhibit F - Stiles Declaration

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8 Proposed order

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May 16, 2022

Motions Transferred regarding 22 MOTION for Preliminary Injunction MOTION to Expedite. Motions referred to Judge David C Joseph. (crt,Crick, S)

May 16, 2022

Order on Motion for Leave to File Excess Pages

21 May 17, 2022

Proposed Pleading re 19 Motion for Leave to Exceed Page Limit by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia, State of Wyoming. (Attachments: # 1 corrected Proposed Memorandum)(aty,St John, Joseph) Modified on 5/17/2022 to modify docket text and to indicate proposed exhibits submitted as exhibits to 19 Motion for Leave to Exceed Page Limit. (Crick, S). (Entered: 05/17/2022)

1 corrected Proposed Memorandum

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23 May 17, 2022

Parties' Joint Submission Regarding Briefing Schedule by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia, State of Wyoming, U S Border Patrol, U S Citizenship & Immigration Services, U S Customs & Border Protection, U S Dept of Justice, Merrick Garland, U S Dept of HOmeland Security, U s Immigration & Customs Enforcement, Executive Off of Immigration Review, Ur M Jaddou, Tae Johnson, Chris Magnus, Alejandro Mayorkas, David Neal, Raul Ortiz, USA. (aty,St John, Joseph) Modified on 5/17/2022 to modify docket text and add filers. (Crick, S). (Entered: 05/17/2022)

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May 17, 2022

Motions Transferred

24 May 18, 2022

MINUTES for proceedings held on 5/18/2022 before Judge David C Joseph: denying 5 Motion to Transfer Case; denying 5 Motion to Stay. The Court will hold a status conference on June 27, 2022, at 2:00 p.m. by videoconference. Plaintiffs will f ile briefing and evidence on or before June 24, 2022, regarding the States standing to bring this action. At the June 27th status conference: (i) the parties will be prepared to discuss the need for discovery, if any, beyond the administrative rec ord, and (ii) the Court will set a hearing date for the Motion for Preliminary Injunction [Doc. 22]. The Government shall not be required to file its response to the Motion for Preliminary Injunction [Doc. 22] or file an Answer to the Amended Complaint [Doc. 14] prior to the June 27th status conference. The Court will set associated deadlines at that time. (Court Reporter: Cathleen E Marquardt) (crt,Jordan, P)

1 Searchable Copy of Opinion

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Clearinghouse
25 May 22, 2022

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings for MOTION HEARING held on 5/18/2022 before Judge David C Joseph. Court Reporter/Transcriber: Cathleen E Marquardt, Telephone number: (337)593-5223. Total pages: 82. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter. Redaction Request due 6/16/2022. Redacted Transcript Deadline set for 6/27/2022. Release of Transcript Restriction set for 8/25/2022. (crt,Marquardt, C) (Entered: 05/22/2022)

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26 May 24, 2022

MOTION for Stephen Petrany to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5117176) by State of Georgia. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 5/24/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 05/24/2022)

1 Certificate of good standing

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27 May 25, 2022

ORDER granting 26 Motion to Appear Pro Hac Vice for appearance of Stephen John Petrany for State of Georgia. Signed by Magistrate Judge Carol B Whitehurst on 5/25/2022. (crt,Crick, S) (Entered: 05/25/2022)

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28 June 1, 2022

MOTION for Betsy M. DeNardi to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5124411) by State of Indiana. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/1/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/01/2022)

1 Certificate of good standing

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2 Proposed order

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29 June 1, 2022

MOTION for Bryan Cleveland to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5124705) by State of Oklahoma. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/1/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/01/2022)

1 Certificate of good standing

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2 Proposed order

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30 June 1, 2022

MOTION for Cori Mills to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5125053) by State of Alaska. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/1/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/01/2022)

1 Certificate of good standing

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2 Proposed order

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31 June 1, 2022

MOTION for Christopher Robison to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5125072) by State of Alaska. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/1/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/01/2022)

1 Certificate of good standing

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2 Proposed order

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32 June 1, 2022

MOTION for Edmund G. LaCour to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5125198) by State of Alabama. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/1/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/01/2022)

1 Certificate of good standing

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2 Proposed order

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33 June 1, 2022

MOTION for Thomas A. Wilson to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5125216) by State of Alabama. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/1/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/01/2022)

1 Certificate of good standing

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2 Proposed order

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34 June 2, 2022

ORDER granting 28 Motion to Appear Pro Hac Vice for appearance of Betsy M DeNardi for State of Indiana. Signed by Magistrate Judge Carol B Whitehurst on 6/2/2022. (crt,Crick, S) (Entered: 06/03/2022)

RECAP
35 June 2, 2022

ORDER granting 29 Motion to Appear Pro Hac Vice for appearance of Bryan Cleveland for State of Oklahoma. Signed by Magistrate Judge Carol B Whitehurst on 6/2/2022. (crt,Crick, S) (Entered: 06/03/2022)

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36 June 2, 2022

ORDER granting 31 Motion to Appear Pro Hac Vice for appearance of Christopher Robison for State of Alaska. Signed by Magistrate Judge Carol B Whitehurst on 6/2/2022. (crt,Crick, S) (Entered: 06/03/2022)

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37 June 2, 2022

ORDER granting 30 Motion to Appear Pro Hac Vice for appearance of Cori Mills for State of Alaska. Signed by Magistrate Judge Carol B Whitehurst on 6/2/2022. (crt,Crick, S) (Entered: 06/03/2022)

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38 June 2, 2022

ORDER granting 32 Motion to Appear Pro Hac Vice for appearance of Edmund G LaCour, Jr for State of Alabama. Signed by Magistrate Judge Carol B Whitehurst on 6/2/2022. (crt,Crick, S) (Entered: 06/03/2022)

RECAP
39 June 2, 2022

ORDER granting 33 Motion to Appear Pro Hac Vice for appearance of Thomas A Wilson for State of Alabama. Signed by Magistrate Judge Carol B Whitehurst on 6/2/2022. (crt,Crick, S) (Entered: 06/03/2022)

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40 June 3, 2022

MOTION for Leave to File Excess Pages by U S Border Patrol, U S Citizenship & Immigration Services, U S Customs & Border Protection, U S Dept of Justice, Merrick Garland, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, Executive Off of Immigration Review, Ur M Jaddou, Tae Johnson, Chris Magnus, Alejandro Mayorkas, David Neal, Raul Ortiz, USA. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/3/2022. (Attachments: # 1 Proposed order, # 2 Memorandum / Brief Defendants' proposed supplemental brief)(aty,Reuveni, Erez) (Entered: 06/03/2022)

1 Proposed order

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2 Memorandum / Brief Defendants' proposed supplemental brief

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41 June 3, 2022

MOTION for Extension of to file their Supplemental Brief with opposition by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia, State of Wyoming. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/3/2022. (Attachments: # 1 Proposed order)(aty,St John, Joseph) (Entered: 06/03/2022)

1 Proposed order

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RECAP
June 3, 2022

Motions Transferred regarding 41 MOTION for Extension of to file their Supplemental Brief with opposition, 40 MOTION for Leave to File Excess Pages . Motions referred to Judge David C Joseph. (crt,Crick, S)

42 June 6, 2022

ELECTRONIC ORDER granting 40 Motion for Leave to File Excess Pages. Signed by Judge David C Joseph on 6/6/2022. (crt,Taylor, L) (Entered: 06/06/2022)

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43 June 6, 2022

ELECTRONIC ORDER granting 41 for Extension of Time to file their Supplemental Brief with opposition. Issued by Judge David C Joseph on 6/6/2022. (crt,Taylor, L) (Entered: 06/06/2022)

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44 June 6, 2022

DEFENDANTS' SUPPLEMENTAL MEMORANDUM by U S Border Patrol, U S Citizenship & Immigration Services, U S Customs & Border Protection, U S Dept of Justice, Merrick Garland, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, Executive Off of Immigration Review, Ur M Jaddou, Tae Johnson, Chris Magnus, Alejandro Mayorkas, David Neal, Raul Ortiz, USA. (crt,Crick, S) (Entered: 06/06/2022)

RECAP
45 June 6, 2022

MOTION for Brian Kane to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5129800) by State of Idaho. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/6/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/06/2022)

1 Certificate of good standing

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2 Proposed order

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46 June 6, 2022

SUPPLEMENTAL BRIEFING re 24 Minutes by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia, State of Wyoming. (aty,St John, Joseph) Modified on 6/7/2022 to more accurately describe pleading submitted and modify docket text (Miletello, A). (Entered: 06/06/2022)

RECAP
June 6, 2022

Motions Transferred

June 6, 2022

Order on Motion for Leave to File Excess Pages

June 6, 2022

Order on Motion for Extension (Other)

47 June 7, 2022

MOTION for Ryan Schelhaas to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5131048) by State of Wyoming. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/7/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/07/2022)

1 Certificate of good standing

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2 Proposed order

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48 June 7, 2022

ORDER granting 45 Motion to Appear Pro Hac Vice for appearance of Brian Kane for State of Idaho. Signed by Magistrate Judge Carol B Whitehurst on 6/7/2022. (crt,Crick, S) (Entered: 06/07/2022)

RECAP
49 June 7, 2022

MOTION for Dwight R. Carswell to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5131443) by State of Kansas. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/7/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/07/2022)

1 Certificate of good standing

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2 Proposed order

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RECAP
50 June 8, 2022

MOTION for Lindsay S. See to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5132283) by State of West Virginia. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/8/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/08/2022)

1 Certificate of good standing

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2 Proposed order

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RECAP
51 June 8, 2022

MOTION for James A. Campbell to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5132745) by State of Nebraska. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/8/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/08/2022)

1 Certificate of good standing

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2 Proposed order

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RECAP
52 June 8, 2022

ORDER granting 47 Motion to Appear Pro Hac Vice for appearance of Ryan Schelhaas for State of Wyoming. Signed by Magistrate Judge Carol B Whitehurst on 6/8/2022. (crt,Crick, S) (Entered: 06/08/2022)

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53 June 8, 2022

ORDER granting 49 Motion to Appear Pro Hac Vice for appearance of Dwight R Carswell for State of Kansas. Signed by Magistrate Judge Carol B Whitehurst on 6/8/2022. (crt,Crick, S) (Entered: 06/08/2022)

RECAP
54 June 9, 2022

MOTION for Melissa Holyoak to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5134226) by State of Utah. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/9/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/09/2022)

1 Certificate of good standing

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2 Proposed order

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55 June 9, 2022

ORDER granting 50 Motion to Appear Pro Hac Vice for appearance of Lindsay Sara See for State of West Virginia. Signed by Magistrate Judge Carol B Whitehurst on 6/9/2022. (crt,Crick, S) (Entered: 06/09/2022)

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56 June 9, 2022

ORDER granting 51 Motion to Appear Pro Hac Vice for appearance of James Andrew Campbell for State of Nebraska. Signed by Magistrate Judge Carol B Whitehurst on 6/9/2022. (crt,Crick, S) (Entered: 06/09/2022)

RECAP
57 June 10, 2022

MOTION for Marc Manley to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5135714) by Commonwealth of Kentucky. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/10/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/10/2022)

1 Certificate of good standing

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2 Proposed order

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RECAP
58 June 10, 2022

ORDER granting 54 Motion to Appear Pro Hac Vice for appearance of Melissa A Holyoak for State of Utah. Signed by Magistrate Judge Carol B Whitehurst on 6/10/2022. (crt,Crick, S) (Entered: 06/10/2022)

RECAP
59 June 13, 2022

MOTION for James Rogers to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5137412) by State of Arizona. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/13/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/13/2022)

1 Certificate of good standing

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2 Proposed order

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RECAP
60 June 14, 2022

ORDER granting 57 Motion to Appear Pro Hac Vice for appearance of Marc Edwin Manley for Commonwealth of Kentucky. Signed by Magistrate Judge Carol B Whitehurst on 6/14/2022. (crt,Crick, S) (Entered: 06/14/2022)

RECAP
61 June 15, 2022

ORDER granting 59 Motion to Appear Pro Hac Vice for appearance of James K Rogers for State of Arizona. Signed by Magistrate Judge Carol B Whitehurst on 6/15/2022. (crt,Crick, S) (Entered: 06/15/2022)

RECAP
62 June 17, 2022

\ MOTION for Extension of Time for Discovery with consent by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia, State of Wyoming. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/17/2022. (Attachments: # 1 Proposed order)(aty,St John, Joseph) Modified on 6/21/2022 to modify docket text. (Crick, S). (Entered: 06/17/2022)

1 Proposed order

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63 June 17, 2022

NOTICE of Supplemental Authority by U S Border Patrol, U S Citizenship & Immigration Services, U S Customs & Border Protection, U S Dept of Justice, Merrick Garland, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, Executive Off of Immigration Review, Ur M Jaddou, Tae Johnson, Chris Magnus, Alejandro Mayorkas, David Neal, Raul Ortiz, USA (aty,Ward, Brian) (Entered: 06/17/2022)

RECAP
June 17, 2022

Motions Transferred regarding 62 MOTION for Extension of Time for Discovery with consent . Motions referred to Judge David C Joseph. (crt,Crick, S)

June 21, 2022

Motions Transferred

64 June 23, 2022

MOTION for Justin L. Matheny to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5150086) by State of Mississippi. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/23/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/23/2022)

1 Certificate of good standing

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2 Proposed order

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65 June 23, 2022

ELECTRONIC ORDER: The video status conference set for June 27, 2022, at 2:00 p.m. will remain in effect. At the status conference, Judge Joseph will address the Joint Motion for Extension of Time for Discovery [Doc. 62], currently pending before the Court, and will discuss with the parties a time frame to complete discovery and select dates to reset the current briefing schedule. Signed by Judge David C Joseph on 6/23/2022. (crt,Alexander, E) (Entered: 06/23/2022)

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June 23, 2022

Order

66 June 24, 2022

MOTION for Beau Roysden to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5152761) by State of Arizona. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/24/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 06/24/2022)

1 Certificate of good standing

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2 Proposed order

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67 June 27, 2022

ORDER granting 66 Motion to Appear Pro Hac Vice for appearance of Beau Roysden for State of Arizona. Signed by Magistrate Judge Carol B Whitehurst on 6/27/2022. (crt,Crick, S) (Entered: 06/27/2022)

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68 June 27, 2022

ORDER granting 64 Motion to Appear Pro Hac Vice for appearance of Justin L Matheny for State of Mississippi. Signed by Magistrate Judge Carol B Whitehurst on 6/27/2022. (crt,Crick, S) (Entered: 06/27/2022)

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69 June 27, 2022

MOTION for Michael E. Talent to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5154415) by State of Missouri. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 6/27/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,St John, Joseph) (Entered: 06/27/2022)

1 Certificate of good standing

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2 Proposed order

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70 June 27, 2022

MINUTES for proceedings held before Judge David C Joseph: MOTION HEARING held on 6/27/2022 re 62 MOTION for Extension of Time for Discovery with consent filed by Commonwealth of Kentucky, State of Missouri, State of Mississippi, State of Utah, State of Georgia, State of Kansas, State of Alabama, State of Oklahoma, State of Alaska, State of Louisiana, State of Indiana, State of Montana, State of Arizona, State of Florida, State of Arkansas, State of Idaho, State of Nebraska, State of Wyoming, State of South Carolina, State of West Virginia. A written order by the Court will follow. (Court Reporter: Zoom Recording) (crt,Jordan, P) (Entered: 06/28/2022)

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71 June 28, 2022

ORDER granting 62 Motion for Extension. IT IS HEREBY ORDERED that the Motion is GRANTED. The deadline to complete the limited discovery ordered by this Court on May 18, 2022 [Doc. 24], is extended to August 16, 2022. The deadline for Plaintiffs to file their additional briefing and evidence on standing is extended to August 23, 2022. Defendants shall file any response on or before September 6, 2022, and Plaintiffs may file a reply within seven (7) days thereafter. IT IS FURTHER ORDERED that the Court will hold a status conference on September 15, 2022, at 2:00 p.m. by videoconference. At the status conference: (i) the parties will be prepared to discuss the need for discovery, if any, beyond the administrative record, and (ii) the Court will set a hearing date for the Motion for Preliminary Junction [Doc. 22]. IT IS FURTHER ORDERED that the Government shall not be required to file its response to the Motion for Preliminary Injunction [Doc. 22] or file an Answer to the Amended Complaint [Doc. 14] prior to the September 15, 2022, status conference. The Court will set associated deadlines at that time.. Signed by Judge David C Joseph on 6/27/2022. (crt,Jordan, P) (Entered: 06/28/2022)

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72 June 28, 2022

ORDER granting 69 Motion to Appear Pro Hac Vice for appearance of Michael E Talent for State of Missouri. Signed by Magistrate Judge Carol B Whitehurst on 6/28/2022. (crt,Crick, S) (Entered: 06/28/2022)

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June 28, 2022

Set/Reset Hearings: Status Conference set for 9/15/2022 02:00 PM by video conference before Judge David C Joseph. (crt,Jordan, P)

73 July 7, 2022

NOTICE of Supplemental Authority by U S Border Patrol, U S Citizenship & Immigration Services, U S Customs & Border Protection, U S Dept of Justice, Merrick Garland, U S Dept of Homeland Security, U S Immigration & Customs Enforcement, Executive Off of Immigration Review, Ur M Jaddou, Tae Johnson, Chris Magnus, Alejandro Mayorkas, David Neal, Raul Ortiz, USA (aty,Ward, Brian) (Entered: 07/07/2022)

RECAP
74 July 13, 2022

MOTION for James Percival to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-5173961) by State of Florida. Motions referred to Carol B Whitehurst. Motion Ripe Deadline set for 7/13/2022. (Attachments: # 1 Certificate of good standing, # 2 Proposed order)(aty,Murrill, Elizabeth) (Entered: 07/13/2022)

1 Certificate of good standing

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2 Proposed order

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July 13, 2022

REMARK: A duplicate charge was incurred during the filing of the 74 Motion for James Percival to Appear Pro Hac Vice. The initial payment of $105.00, receipt number ALAWDC-5173942, was voided in pay.gov the same date of the transaction. No further action is necessary. (crt,McInnis, S)

July 13, 2022

Remark (Public)

75 July 14, 2022

ORDER granting 74 Motion to Appear Pro Hac Vice for appearance of James Percival for State of Florida. Signed by Magistrate Judge Carol B Whitehurst on 7/14/2022. (crt,Miletello, A) (Entered: 07/14/2022)

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76 July 20, 2022

JOINT STATEMENT REGARDING CASE STATUS REPORT by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Utah, State of West Virginia, State of Wyoming, USA, Raul Ortiz, David Neal, Alejandro Mayorkas, Chris Magnus, Tae Johnson, Ur M Jaddou, Executive Off of Immigration Review, U S Immigration & Customs Enforcement, U S Dept of HOmeland Security, Merrick Garland, U S Dept of Justice, U S Customs & Border Protection, U S Citizenship & Immigration Services . (Attachments: # 1 Proposed order)(aty,St John, Joseph) Modified on 7/21/2022 to add filers. (Crick, S). (Entered: 07/20/2022)

1 Proposed order

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77 July 21, 2022

ELECTRONIC MINUTE ENTRY: A Status Conference is set for 7/21/2022 at 3:00 PM via Zoom Video Conference before Judge David C Joseph. An email invitation will be forwarded to counsel of record prior to the conference. Signed by Judge David C Joseph on 7/21/2022. (crt,Chicola, C) (Entered: 07/21/2022)

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78 July 21, 2022

MINUTES for proceedings held before Judge David C Joseph: STATUS CONFERENCE held on 7/21/2022 via Zoom. After discussion with the parties, the Court indicated that an order will be issued staying the casepending the filing of a Second Amended Complaint. (crt,Chicola, C) (Entered: 07/21/2022)

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Case Details

State / Territory:

Louisiana

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: April 28, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Group of twenty U.S. states

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Citizenship and Immigration Services

U.S. Customs and Border Protection

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Immigration and Customs Enforcement (ICE)

United States of America

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Take Care Clause

Other Dockets:

Western District of Louisiana 6:22-cv-01130

U.S. Court of Appeals for the Fifth Circuit 24-30359

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Immigration/Border:

Admission - procedure

Asylum - procedure

Recommended Citation